Commonwealth Consolidated Acts

PAID PARENTAL LEAVE ACT 2010 - SECT 59A

When permission is required for an effective claim

  (1)   A PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the following persons is not an effective claim unless permission to make a claim in relation to the child is given, and has not been revoked, by the child's birth mother:

  (a)   a person who:

  (i)   is a parent (other than an adoptive parent) of the child; and

  (ii)   is not the child's birth mother;

  (b)   the partner of the child's birth mother;

  (c)   the partner of a person covered by paragraph   (a).

  (2)   However, subsection   (1) does not apply to a person who makes a PPL claim in the circumstances prescribed by the PPL rules.

  (3)   A PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the partner of an adoptive parent of the child is not an effective claim unless permission to make the claim in relation to the child is given, and has not been revoked, by:

  (a)   if:

  (i)   a payability determination under section   13 that parental leave pay for the child is payable has been made in relation to an adoptive parent of the child; and

  (ii)   that determination is the first payability determination under section   13 that parental leave pay for the child is payable that has been made in relation to an adoptive parent of the child;

    that adoptive parent; or

  (b)   otherwise--an adoptive parent of the child who is nominated by the partner to give permission.

  (4)   A special PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made is not an effective claim unless:

  (a)   permission to make a claim in relation to the child is given, and has not been revoked, by the person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

  (b)   a payability determination under section   13 that parental leave pay for the child is payable is in force in relation to that person.

  (5)   The permission must:

  (a)   be given to the Secretary in the form approved by the Secretary; and

  (b)   specify the person to whom the permission is given.

Note:   The permission does not need to specify the number of flexible PPL days for the child in relation to which a claim to which the permission relates may be made.

Revocation of permission

  (6)   If a person has given permission under subsection   (1), (3) or (4), the person may revoke the permission.

  (7)   The revocation must be given to the Secretary in the form approved by the Secretary.